Hannah Levine v. Marion B. Folsom, Secretary of Health, Education and Welfare

WOODROUGH, Circuit Judge.

This case comes on for hearing on a motion filed on April 3, 1959, by the ap-pellee Marion B. Folsom through his attorneys to vacate a judgment that was rendered in the court below and to remand the case with instructions to the District Court to dismiss the complaint on the ground that appellee, who was Secretary of Health, Education and Welfare when the action was commenced, is no longer a proper party to it in that he has been succeeded in the office by Arthur S. Flemming and that the action has abated.

Appellant brought the action as plaintiff in the District Court…